United States of America v. Martin Martinez-Alavarez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN MARTINEZ-ALAVAREZ,
Defendant - Appellant.
No. 09-50554
D.C. No. 3:07-cr-01598-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Martin Martinez-Alavarez appeals from the 60-month sentence imposed
following his guilty-plea conviction for being a deported alien found in the United
States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50554 2
Martinez-Alavarez contends that the district court procedurally erred by
failing to adequately explain the reasons for the sentence and by failing to address
Martinez-Alavarez’s request for a downward departure. He also contends that his
sentence is substantively unreasonable. The district court did not procedurally err,
and the below-Guidelines range sentence is substantively reasonable. See United
States v. Carter, 560 F.3d 1107, 1117-19 (9th Cir. 2009); United States v. Carty,
520 F.3d 984, 992-95 (9th Cir. 2008) (en banc).
AFFIRMED.

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